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Trademark Renewal

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Lasya Pamidi

IP
Start & Run Business
Trademark Registration
Last updated on April 30th, 2021

Trademark Renewal is the renewal of registered trademarks whose validity of 10 years in the verge of expiration. In case the proprietor fails to renew the trademark, then he shall lose all the protection that comes along with registration. The Registrar gives a window of six months before the end of ten years to the holder of the trademark to renew their trademark and continue enjoying the rights awarded.

If the registrar does not receive any application for renewal, then registrar sends the holder of trademark a notice, 1 – 3 months before the expiration of the registration informing him of the upcoming renewal date.

Filing a renewal application for trademark, renews it only for another 10 years.

Benefits of Trademark Renewal

Documents required for trademark renewal application

Types of Renewal

Steps for of Renewal of Trademark

  1. Filing Application

    For application of Trademark renewal, the trademark holder must fill in form of TM-R along with the prescribed fee. Either the owner of trademark or an agent authorised by him can file for trademark renewal.

  2. Check Status of Application

    The applicant must check his application status for any opposition filed. Any person of the public can file such opposition.

  3. Journal Publication

    Subsequent to the acceptance of your trademark renewal application by the registrar, the proposed mark will be published in the trademark journal.

  4. Trademark Renewal

    The trademark is protected for another 10 years once the mark is published in the Journal.

The price for the renewal of a trademark depends upon whether it has been one in-person physically or it has been done online.

You can find the whole pricing scheme for all the forms at the ipindia.nic.in website.

Restoration of Trademark

There can be times that a person forgets to renew their trademark in the given time period. In the case of failure to renew, an application for restoration is required to be filed within one (1) year from the date of expiration of the renewal date if more than six (6) months have lapsed from the renewal date and no renewal request has been filed. The application is accompanied with a statement explaining the delay in renewal and also an additional fee over the renewal fee.

After receiving applications to either renew or restore the trademark, the Registrar shall advertise the mark once again and invite objections from people who have reason to believe that the trademark should not be renewed or restored. If there are no objections, then the mark will be entered in the register of trademarks.

FAQs

What are the consequences of not renewing your trademark?

Your trademark will be removed from the register. Before removing the trademark, the Registrar shall first advertise his intention to remove the mark by advertising the notice to remove in the trademark journal.

How many times can you renew your trademark?

You can renew your trademark every 10 years. There is no restriction in the number of times.

Does Trademark renewal create any changes in the rights of the trademark holder?

Trademark renewal does not create any changes in the rights of the trademark holder. As long as the trademark is valid, the trademark holder would enjoy all the rights that he/she acquired during the primary registration and also the legal protection.

Got Questions? Ask Away!

  1. Hey @Dia_malhotra, Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.